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California Wins Major Clean Air Act/Climate Change Case in D.C. Circuit

Legal Planet

’s delegation of federal Clean Air Act (CAA) authority for California to adopt regulations limiting greenhouse gas (GHG) emissions from motor vehicles and mandating the state’s steady transition from sales of conventional cars and light trucks to electric vehicles. Court of Appeals for the District of Columbia.

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EPA’s New Power Plant Rules Have Dropped. What Happens Next?

Legal Planet

Under the Clean Air Act, nationwide EPA air pollution rules can only be challenged in the D.C. Fortunately for EPA, challenges can’t just run to their favorite forum, Judge Matthew Kacsmaryk’s courtroom in Amarillo, Texas, where they would be guaranteed a victory. Circuit, where EPA will get a much fairer hearing.

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50 Years Ago: Environmental Law in 1973

Legal Planet

In the previous three years, Congress had passed NEPA, the Clean Air Act, and the Clean Water Act. Continuing the legislative wave, 1973 saw the passage of the Endangered Species Act (ESA. Like today, 1973 was a time of political turmoil. The first EPA Administrator took office in 1971.

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EPA’s Power Plant Rule is Not Bold. It’s What’s Required.

Legal Planet

Joe Manchin about holding up EPA nominations claiming “overreach” ) But this is not just about the political calculus of a president trying to make good on a climate pledge. So, EPA and the states have a shared responsibility to regulate “existing sources” — primarily power plants— under Section 111(d) of the Clean Air Act.

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EPA and the Student Loan Decision

Legal Planet

Both the car and power plant regulations involve major portions of the economy, but that is a normal attribute of Clean Air Act regulations. EPA does not claim “virtually unlimited power to rewrite” the Clean Air Act. And both are involve large compliance costs, though again that isn’t unusual.

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“Major Questions” for Texas (and for the Environment)

Legal Planet

In rejecting EPA’s plan to regulate greenhouse gas emissions from existing power plants under Section 111(d) of the Clean Air Act, the Court stated that “agency decisions of vast economic and political significance” (i.e., economic impacts, political significance), and when they identify a violation of the doctrine.

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What Next for the Climate Tort Cases?

Legal Planet

That brings us to the second argument that companies could make, that any deception claims relate to speech intended to influence the political process and that political speech is exempt from liability even if it is false. The other argument is that the Clean Air Act itself eliminates state lawsuits for interstate pollution.